Western Australian Current Acts

CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 32

32 .         IP warrant (involved protected person), application for

        (1)         Only an officer may apply for an IP warrant (involved protected person).

        (2)         An application for an IP warrant (involved protected person) must be made to a magistrate in accordance with section 15.

        (3)         An application for an IP warrant (involved protected person) must —

            (a)         name the person in respect of whom the warrant is wanted; and

            (b)         state the offence in respect of which the involved person is suspected to have been an involved person; and

            (c)         state the grounds on which the applicant suspects that the person is an involved person in respect of the offence; and

            (d)         specify the identifying particular that is sought and the non-intimate identifying procedure by means of which it is to be obtained; and

            (e)         state the grounds on which the applicant suspects that the identifying particular will afford evidence of whether or not another person committed the offence; and

            (f)         if the application is made under section 31(a) — state the grounds on which the applicant suspects that the investigation of the offence concerned would be prejudiced if a request were made under section 26; and

            (g)         comply with the relevant provisions of subsection (4).

        (4)         An application for an IP warrant (involved protected person) must also state the applicant’s grounds for suspecting —

            (a)         if the application is made under section 31(b) — either that it is not reasonably practicable to obtain a responsible person’s consent to the involved person undergoing the procedure or —

                  (i)         that a responsible person has refused to or will not consent, or has withdrawn consent, to the involved person undergoing the procedure; and

                  (ii)         that the responsible person is a suspect in relation to a serious offence; and

                  (iii)         that the procedure will afford evidence of whether or not the responsible person committed the offence;

                and

            (b)         in the case of a child, that the child —

                  (i)         is willing to undergo the non-intimate identifying procedure; and

                  (ii)         is sufficiently mature and capable of understanding the general nature and effect of, and the reason for and the consequences of, undergoing the procedure.